000			03636nam a22003017a 4500
999			_c6382 _d6382
005			20250625151515.0
008			190918s2019 xxu||||| |||| 00| 0 eng d
040			_aAFVC
100			_96827 _aMeier, Joan S.
245			_aChild custody outcomes in cases involving parental alienation and abuse allegations _cJoan S. Meier
260			_aWashington, DC : _bThe George Washington University Law School, _c2019
300			_aelectronic document (30 pages) ; PDF file
500			_aGW Law School Public Law and Legal Theory Paper No. 2019-56
500			_aGW Legal Studies Research Paper No. 2019-56
520			_aArguably the most troubling aspect of justice system response to intimate partner violence is custody courts' failure to protect children when mothers allege the father is abusive. Family courts' errors in assessing adult and child abuse, and punitive responses to abuse allegations, have been widely documented. A significant contributor to these errors is the pseudo-scientific theory of parental alienation (PA). Originally termed parental alienation syndrome (PAS), the theory suggests that when mothers allege that a child is not safe with the father, they are doing so illegitimately, to alienate the child from the father. PA labeling often results in dismissal of women's and children's reports of abuse, and sometimes trumps even expert child abuse evaluations. PAS was explicitly based on negative stereotypes of mothers and has been widely discredited. The term parental alienation – while treated as distinct - is still widely used in ways that are virtually identical to PAS. Nonetheless, because PA is nominally gender neutral (and not called a scientific syndrome), it continues to have substantial credibility in court. The first goal of this project was to ascertain whether empirical evidence indicates that parental alienation is, like PAS, gender-biased in practice and outcome. Second, the study sought to explore outcomes in custody/abuse litigation by gender and by differing types of abuse. Analysis of over 2000 court opinions confirms that courts are skeptical of mothers’ claims of abuse by fathers; this skepticism is greatest when mothers claim child abuse. The findings also confirm that fathers’ cross-claims of parental alienation increase (virtually doubling) courts’ rejection of mothers’ abuse claims, and mothers’ losses of custody to the father accused of abuse. In comparing court responses when fathers accuse mothers of abuse, a significant gender difference is identified. Finally, the findings indicate that where Guardians Ad Litem or custody evaluators are appointed, unfavorable outcomes for mothers and gender differences are increased. The study relies solely on electronically available published opinions in child custody cases. It has produced an invaluable database identifying 10 years of published cases involving alienation, abuse and custody, while coding parties’ claims and defenses, outcomes, and other key factors by gender and parental status. (Author's abstract). Record #6382
650			_aCHILD ABUSE _9103
650			_aFAMILY COURT _9241
650			_aFAMILY LAW _9244
650			_aSEPARATION _9522
650		4	_aCONTACT (ACCESS) _929
651		4	_aUNITED STATES _92646
773	0	3	_tGW Law School Public Law and Legal Theory Paper No. 2019-56
773	0	3	_tGW Legal Studies Research Paper No. 2019-56
830			_aGW Law School Public Law and Legal Theory Paper _98603
830			_aGW Legal Studies Research Paper _98604
856			_uhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=3448062
942			_2ddc _cBRIEFING